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Tender information notice for the design, financing, construction and facility management of 16 School Buildings in the Central Macedonia Region via a PPP

Project Sector: 
Tender Type: 
Submission Deadline: 
Mon, 10/11/2008
Contract award procedure: 
Tender Summary: 

INVITATION TO TENDER
DESIGN, FINANCING, CONSTRUCTION, AND FACILITY MANAGEMENT OF 16 SCHOOL BUILDINGS IN THE CENTRAL MACEDONIA REGION THROUGH A PUBLIC PRIVATE PARTNERSHIP

PART I: CONTRACTING AUTHORITY
1. Name, address, telephone and fax number, e-mail address of the Contracting Authority.
SCHOOL BUILDINGS ORGANISATION S.A. 30 Favierou Street, Athens, 10438, Greece.  Tel.: +30 210 5272388, fax: +30 210 5272531, e-mail : kouri@osk.gr, website : www.osk.gr, information : Mrs. Ioanna Kouri.

Part II: DESCRIPTION
2. Name of the contract, as given by the Contracting Authority.
"Design, Financing, Construction, and Facility Management of 16 School Buildings in the Central Macedonia Region through a PPP".    

3. Brief description of the contract.
The scope of the PPP contract (henceforth Partnership) concerns the design, financing, construction, and facility management of 16 school buildings in the Central Macedonia Region, with a total surface of approximately 41.000 sq.m. (the "Project"). A detailed description of the Project is attached to the Tender Document of Restricted Procedure - 1st Phase - Submission of Expression of Interest. The implementation of the Project, which is part of the strategic planning of SBO S.A., was admitted under the provisions of Law 3389/2005 by the 6.09.2006 Directive of the Greek Inter-Ministerial PPP Committee as amended by the 30.01.2008 Directive of the same Committee. The building infrastructure will be used for the purpose of accommodating public schools of primary and secondary education. The School Building Organisation S.A. will pay periodical availability payments, after the commencement of operation of the aforementioned infrastructure and until the end of the Partnership, to the Special Purpose Vehicle (SA) which pursuant to L.3389/2005 has to be set up by the Private Partnership Operator, which will be selected through the present procedure.  
The Private Partnership Operator which will be selected (through the Special Purpose Vehicle (SA) which will set up) will undertake:
(a) the drawing up of all the necessary studies that will be submitted during the execution of the  PPP contract, as well as all necessary actions and the drawing up of all necessary documents, in order to secure that all the licences and approvals required by the provisions in force will be issued on time.
b) all works necessary for the construction of the building infrastructures of the Project and the reconstructing and planning of the surrounding areas, as these will be described analytically during the 2nd Phase of the Tender, in order for the aforementioned infrastructure and areas, to be fully available for use for the purpose intended. 
(c) the financing of the project with its own or/and loan capitals,
(d) the facility management for the whole duration of the PPP Contract, which consists in particular, of the inspection, the usual, preventive and corrective maintenance, heavy maintenance, everyday technical operation, and superintendence for the premises and building infrastructure systems and the surrounding area to be in a state of permanent availability and ability to function/operate, in order to secure that the Project will be ready on time and available, according to the availability requirements, as will be defined in the Tender Document of the 2nd Phase of the tender
(e) the insurance of the building and other infrastructure installations and systems that constitute the subject matter of the PPP contract, during the design, the construction and the operation of the Project as will be defined in the Tender Document of the 2nd Phase of the tender and
(f) the guarding and securing of the buildings and the rest of the infrastructure installations and systems, which constitute the subject matter of the PPP contract, during the operation and throughout the whole of the duration of the PPP contract, as will be defined in the Tender Document of the 2nd Phase of the tender and subject to the provisions of the legislation relating to the protection of personality and personal data of the members of the educational community. 
4. Admission or prohibition of variants.
Variants are prohibited.

5. Total amount or extent.
The total budget of the availability payments of the Project, which will be paid to the Private Entity, indicatively amounts to 80.500.000 euros, plus VAT.

6. Duration of the contract.
Twenty seven (27) years from the PPP Contract set in force.

PART III: LEGAL, ECONOMIC, FISCAL AND TECHNICAL INFORMATION.

7. Deposit and guarantees required.
No guarantee is required at the 1st Phase, for the submission of applications of Expressing Interest. The guarantee for the participation in the 2nd Phase of the tender, as well as other guarantees shall be defined in detail in the tender documents of the second phase of the Restricted Procedure.

8. Main terms concerning financing and payment and / or references to the texts in which these are contained.
The financing of the construction of the project shall be made via own or/and loan capitals raised by the Private Entity. The Project shall be implemented according to Law 3389/2005, as in force, and P.D. 60/2007 as well as the Partnership Contract that will be signed. Provisioning will be made so that the availability payments shall be linked to the output specifications, which shall be described in the Tender Document Phase of the 2nd Phase of the tender - Invitation to Submit Tenders.

9. Legal form to be taken by the grouping of economic operators to whom the contract is to be awarded.
Special Purpose Vehicle (SA), according to article 1, paragraph 4 of Law 3389/2005. Founders and initial shareholders of the SPV shall be exclusively the selected Private Partnership Operator or its members, in case of a consortium or joint venture, according to their participation percentage to the Private Partnership Operator candidate.

10. Additional information.
The tender shall take place and the contract shall be awarded and implemented according to Law 3389/2005, Directive 2004/18/EC, P.D. 60/2007, Directive 89/665/EC, Law 2522/1997, P.D. 774/1980, as in force, and Law 3310/2005.

11. Entities entitled to participate.
At the tender may participate physical or legal entities, independently or in union, who are not necessarily required to have a legal status, as long as:

(a) they or their members come from a Member State of the European Union or the European Economic Area (EEA) or from States that have signed bilateral agreements or association agreements with the European Union or have ratified the Government Procurement Agreement (GPA) under the auspices of the World Trade Organization (WTO) and
(b) Satisfy the conditions and participation requirements as set in the Tender Documents of Restricted Procedure - 1st Phase - Submission of Expression of Interest.

For the signing of the PPP contract the Private Partnership Operator must take the form of a SPV (SA). The scope of the SPV will concern exclusively the implementation of the Project, while founders and initial shareholders of it will be exclusively the selected Private Partnership Operator or its members - in case of a consortium - according to their participation percentage, as stated during the Tender Procedure. Moreover, the SPV (SA) may enter into agreements
- For the elaboration of the prerequisite studies, with designers entered to elaborate these studies, irrespectively of their participation or not in the Candidate/Tenderer scheme and, consequently, in the SPV (SA) scheme.
- For the construction of part of the Project, with the contracting companies entered to execute this part of the Project and according to their declared percentages, independently of their participation or not in the Candidate/Tenderer scheme and, consequently, in the SPV (SA) scheme. The above mentioned companies cannot exceed the limit of five (5), otherwise the Candidate/Tenderer is excluded.
- For the facility management of the building and other infrastructure of the Project that constitute the subject matter of the Partnership, with the companies entered to provide these services and according to their declared percentages, independently of their participation or not in the Candidate/Tenderer scheme and, consequently, in the SPV (SA) scheme. The above mentioned companies cannot exceed the limit of three (3), otherwise the Candidate/Tenderer is excluded.

Minimum Candidates' requirements

(1) Financial adequacy and credit worthiness of the Candidate

The participants should fulfil the following minimum levels of financial adequacy and credit worthiness:
(a) The average net profit before taxes of each candidate for the last three financial years must be positive. In case of a consortium, the above criterion shall be calculated as the weighted average of the net profits before taxes of the members of the consortium, weighted according to their participation percentage in the consortium.
(b) The ratio of total loan capital to total own capital of each candidate for the last three financial years must be lower than two (2). In case of a consortium, the above criterion shall be calculated as the weighted average of the total loan capital to total own capital of the consortium members, according to their participation percentage in the consortium.
(c) The average own capital for each candidate for the last three financial years should exceed ten milion Euros (8.000.000 Euros). In case of a consortium, the above criterion shall be calculated as the weighted average of the consortium members' own capital, according to their participation percentage in the consortium.
(d) Each Candidate should demonstrate its credit and loan raising ability by submiting a letter of financial support issued by a financial institution with a credit rating of at least Baa3 of the Moodys or BBB of the Standard & Poor's scale or a similar rating of the Fitch company.

(2) Technical qualification of the Candidates

(a) For the elaboration of the required studies:
In case of Greek Designers, they must be registered in the Greek Register for Designers or in Designer Offices / Companies, which are mentioned in the Appendix IX C of Directive 2004/18/EC and, more specifically, have the following Designer Certificates:
i)  D and higher class in category 06 "Building Architectural Designs"
ii)  D and higher class in category 08 "Structure Designs"
iii)  D and higher class in category 09 "Electro/Mechanical Design",
 
In case of Designers coming from Member State of the European Union or the European Economic Area (EEA) or from States that have ratified the Government Procurement Agreement (GPA) under the auspices of the World Trade Organization (WTO), that keep similar records with those mentioned under (a) and are registered in classes and design categories, corresponding to the ones mentioned under (a) above.

In case of Designers coming from Member State of the European Union or the European Economic Area (EEA) or from States that have ratified the Government Procurement Agreement (GPA) under the auspices of the World Trade Organization (WTO), in which formal records of the previous paragraphs do not exist, and are registered in Professional / Commercial Records of their countries these Designers should possess general experience corresponding to that, which is derived from the Greek Designer Records or in Designer Offices / Companies, and more specifically staff with experience in the following design categories:
i) for category 06 "Building Architectural Designs" at least seven (7) units[two with experience of at least eight (8) years and one with experience of at least twelve (12) years]
ii) for category 08 "Structure Designs" at least seven (7) units [two with experience of at least eight (8) years and one with experience of at least twelve (12) years]
iii) for category 09 "Electro/Mechanical Design" at least seven (7) units [two with experience of at least eight (8) years and one with experience of at least twelve (12) years].

The way the personnel of the Designer Companies is evaluated in units is as follows:
a) a designer with 4 years since receiving the Diploma: personnel accredited with (1) unit
b) a designer with 8 years since receiving the Diploma and with proven previous relevant experience: personnel accredited with (2) units
c) a designer with 12 years since receiving the Diploma and with proven previous relevant experience: personnel accredited with (3) units

(b) For the construction of the Project:

(i) In case of Greek Contracting Company the company should be registered in the Greek Contracting Companies Register kept at the General Secretariat of Public Works of the Ministry of Environment, Planning and Public Works and referred to in the Annex IX A of Directive 2004/18/EC.
In case of a Contracting Company originating from a Member State of the European Union or the European Economic Area (EEA) or from States that have ratified the Government Procurement Agreement (GPA) under the auspices of the World Trade Organization (WTO), in which official lists of certified construction companies exist, according to the Appendix IX A of Directive 2004/18/EC, as long as they are registered in them.
Or in case of a Contracting Company originating from a Member State of the European Union or the European Economic Area (EEA) or from States that have ratified the Government Procurement Agreement (GPA) under the auspices of the World Trade Organization (WTO), in which official lists of certified construction companies do not exist, as long as they submit a certificate of Registration in the Professional / Trade Registers of the country of their establishment or in case such a certificate is not issued, an affidavit before a judicial or administrative Authority or a notary certifying the failure of issuing the specific certificate and also (certifying) its Registration in the abovementioned Commercial/Professional Chambers. In the case that the abovementioned country's legislation does not provide for an affidavit, a relevant Solemn Declaration with the same context is submitted. 
(ii) Average turnover in the field of constructions over the three past financial years, of at least fifteen milion Euros (15.000.000 Euros), out of which, at least seven milion Euros (7.000.000 Euros), in building works and five milion Euros (5.000.000 Euros) in electromechanical works. In the case of a consortium or joint venture, the weighed average turnover mentioned above, must exist accumulatively in the companies that are stated to undertake the constructive part of the project.

(iii) Each contracting company must have constructed and completed building projects (excepting warehouses and industrial buildings) of a total construction value of at least seven million Euros (7.000.000 Euros) out of which at least four milion Euros (4.000.000 Euros) should refer to building works and at least one milion Euro (1.000.000 Euros) to electromechanical works. At least one of the contracting companies should have constructed at least one building project,or in case this project was constructed with the participation of other companies as part of a consortium or joined venture the resulting value calculated based on the participation percentage of the contracting company should be at least two milion Euros (2.000.000 Euros).
The date of conclusion of the above-mentioned project/s must have taken place within the last five years before the submission of the specific Expression of Interest, irespectively of the comencement date of their construction.  
It is also noted that in case a project has been undertaken by a consortium or joined venture, it is declared by the company invoking this project only by the percentage or part of participation in it, and the object of the works performed in the framework of this project must be stated by the invoking company.

Building projects will be accepted and evaluated as long as their construction value, or in case of these projects have been constructed by a consortium or joined venture the resulting value, taking into account the  percentage of its participation in the partnership  or consortium, amounts to at least eight hunderd Euros (800.000 Euros).
In case that this project has been constructed by a consortium or joint venture the resulting value shall be calculated based on the participation percentage of the contracting company in the consortium or joint venture.

(3) For the facility management of the infrastructure of the Project:
(i) The companies, entered as those that will undertake the facility management of the Project must include in their scope the services mentioned above and
(ii) at least one of those companies entered, as above, during the last three years before the submission of the specific Expression of Interest must have signed or begun the implementation of, or completed a contract or renewable contracts, of total duration of at least one year, the object being the provision of facility management services, as described in the Tender Document of Restricted Procedure - 1st Phase - Submission of Expression of Interest.
In the invoked contracts as above, the fee for the services must amount to a minimum of three hundred Euros (300.000 Euros) per year, V.A.T. excluded. In case the contracting fee is less than three hundred Euros (300.000 Euros) per year, these contracts should concern the facility management of building infrastructure with a total surface of at least 3.000 sq.m.

PART IV : PROCEDURE

12. Award Procedure chosen.
Restricted procedure.

13. Limitations as to the number of entities to be invited to submit tenders in the 2nd phase.
Α) Anticipated number of candidates .
Five (5), as long as an appropriate number of capable Candidates exists.
Β) Objective criteria to be used to chose that number of candidates.
According to article 19 of the Tender Document of Restricted Procedure - First Phase - Submission of Interest Expression.

14. Contract award criterion.
The most economically advantageous offer, according to art. 10 par. 1 of L. 3389/2005, art. 53 of the EC Directive 2004/18 and art. 51 par. 1a of P.D. 60/2007. The specific criteria will be described in the invitation to submit tenders (2nd Phase Tender Documents).
In any case, the price criterion will be a matter of particular significance.

15. Deadline for the receipt of applications for documents or for the access to documents.
Up to 20 days prior the submission of Interest Expression, that is until October 21st 2008 at 14.00 p.m.

16. Name, address, telephone and fax numbers, e-mail of the agency from which the Tender Document of Restricted Procedure - First Phase - Submission of Interest Expression and further information can be requested.
SCHOOL BUILDINGS ORGANISATION S.A. 30 Favierou Street, Athens, 10438, Greece.  Tel.: +30 210 5272388, fax: +30 210 5272531, e-mail : kouri@osk.gr, website : www.osk.gr, information : Mrs. Ioanna Kouri.

17. Cost for the provision of the documents and payment terms.
Three hundred Euros (300 Euros) for the Tender Document of Restricted Procedure - 1st Phase - Submission of Interest Expression and five hundred Euros (500 Euros) for the English translation of the Tender Document of Restricted Procedure - 1st Phase - Submission of Interest Expression.

18. Deadline for the submission of the expressions of interest.
November 10th 2008, at 12:00 o' clock.

19. Language that shall be used in the application for participation.
Greek.

20. Day of dispatch of the notice to the Office for Official Publications of the European Union.
July 30th 2008
 
For the School Buildings Organisation S.A.

Panagiotis Al. Patargias
Managing Director